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The position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed Expropriation Bill
Dissertation (LLM (Banking Law))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613589952528384 |
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| access_status_str | Open Access |
| author2 | Van Heerden, C.M. (Corlia) |
| author_browse | Van Heerden, C.M. (Corlia) |
| author_facet | Van Heerden, C.M. (Corlia) |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Banking Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/90386 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:33.603Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/90386 The position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed Expropriation Bill Van Heerden, C.M. (Corlia) johanvandermerwe94@gmail.com Van Der Merwe, Johannes Jacobus UCTD Expropriation bill Banking law Commercial banks Expropriation without compensation South Africa’s law of compulsory acquisitions Dissertation (LLM (Banking Law))--University of Pretoria, 2023. This dissertation considers the potential impact the Expropriation Bill 23-2020 will have on commercial banks. The novelty of the Expropriation Bill 23-2020 is that it introduces the concept of expropriation without compensation into South Africa’s law of compulsory acquisitions. The problem on which this dissertation focuses is the expropriation of immovable property, subject to a mortgage bond in favour of a commercial bank, without compensation. The legislative framework of the Bill is structured in such a manner that when the property is expropriated, should this Bill become the law, that ownership will transfer to the state without the said mortgage bond. If an act of expropriation has taken place without any compensation payable, the dissertation identifies a risk for commercial banks; namely, it loses its underlying security for a loan but also stands to suffer a financial loss given that the property owner is not compensated, therefore rendering the settlement of any outstanding amounts due, impossible. Having established that this risk can materialise, this dissertation establishes that the bank will not have a recourse to recover its potential losses either at common law or under our current constitutional understanding of the compulsory acquisition of rights under section 25 of the Constitution, 1996. The dissertation hypothesises that the doctrine of constructive expropriation can be applied under our understanding of section 25 of the Constitution 1996 and presents the argument that the doctrine can be used to enforce a claim for compensation against the state for any losses Mercantile Law LLM (Banking Law) Unrestricted 2023-04-05T13:25:20Z 2023-04-05T13:25:20Z 2023-09-15 2023 Dissertation * S2023 http://hdl.handle.net/2263/90386 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Expropriation bill Banking law Commercial banks Expropriation without compensation South Africa’s law of compulsory acquisitions The position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed Expropriation Bill |
| title | The position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed Expropriation Bill |
| title_full | The position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed Expropriation Bill |
| title_fullStr | The position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed Expropriation Bill |
| title_full_unstemmed | The position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed Expropriation Bill |
| title_short | The position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed Expropriation Bill |
| title_sort | position of commercial banks in the event of the expropriation of mortgaged property for nil compensation under the proposed expropriation bill |
| topic | UCTD Expropriation bill Banking law Commercial banks Expropriation without compensation South Africa’s law of compulsory acquisitions |
| url | http://hdl.handle.net/2263/90386 |